New Delhi, Nov 9 (PTI) The Delhi High Court Tuesday asked the Delhi government to inform it about the number of liquor brands where MRPs are fixed and those yet to be done under the Delhi Excise Policy 2021-22.
The high court also asked the Delhi government to inform whether registration of any liquor brands has already been done.
“Before this issue is dealt with, I am of the view that it is necessary of the respondent (Delhi government) to inform the court about the number of brands whose MRPs are fixed and those which are left along with dates. Also inform whether registration of any/ number of brands has already been done,” Justice Rekha Palli said.
“This means people of Delhi will not get liquor. Why are you not fixing the MRP of brands?” the court said.
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Senior advocates A M Singhvi and Rahul Mehra, representing the Delhi government, sought time to take instructions after which the court listed the plea for November 11.
The high court was hearing pleas by 16 petitioners, who are successful bidders for licences for operation of retail liquor vends, seeking to declare the decision of the Delhi government to levy licence fees with effect from November 1, 2021 as illegal.
The petitioners are successful bidders of L-7Z (zonal licence for retail vend of Indian liquor and foreign liquor) and L-7V (retail vend of Indian liquor, foreign liquor in an zone).
The pleas also sought to restrain the government from demanding the sums of money in the form of licence fees or security deposit and also to direct the authorities not to levy or demand licence fees from the successful bidders until the government performs its own obligations under the tender terms and conditions and the Delhi Excise policy 2021-2022.
It also sought to postpone the date for scheduled commencement of business from November 17.
Senior advocates Maninder Singh and lawyer Tanmay Mehta, representing the liquor retailers, argued that the government cannot direct the petitioners to pay the licence fee with effect from November 1 as the payment of licence fee depends on commencement of business and that the authorities have not fixed the MRP of most of the brands and have no right to direct them to pay the fee.
Singhvi and Mehra vehemently disputed this and said that MRP of most of the brands is already fixed and fixation of MRP is an ongoing process and the government is not responsible for the delay.
One of the plea filed by 15 retailers, through advocates Tanmaya Mehta, Sanjay Abbot and Ankit Agarwal, said there has been a great delay in initiating the process of registration of brands and fixation of MRP by the Delhi Government under the 2021-22 policy.
It claimed that until October 30, not even a single brand had been registered within Delhi under the new excise policy, nor had the MRP been fixed or determined under the new policy.
It said the process from determination of MRP to retail sale is a time-consuming exercise and if the scheduled date of commencement of business is November 17, being specified by the government, it is a complete breach of obligations on the part of the authorities in delaying the registration of brands and determination of MRP.
Several petitions are pending before the high court against the New Excise Policy on the ground that it is illegal, unfair, arbitrary and violative of the Delhi Excise Act, 2009.
In July, the court had refused to stay the new Excise Policy on one of the petitions which contended that the new regime would lead to complete monopoly of the few big players.
The Delhi government, also represented through standing counsel Santosh Kumar Tripathi, has defended its New Excise Policy 2021, saying that the new regime would generate optimum revenue and ensure ease of doing business while eliminating cartelization, proxy players and monopoly.
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